Memo - State of California · 03/11/2017 · Memo 2450 Del Paso Road, Suite 105 ... was issued Registered Dispensing Optician Certificate No. D7523 and ... DATE OF BIRTH \\~+ ~6rx..tA

$Page 1: Memo - State of California · 03/11/2017 · Memo 2450 Del Paso Road, Suite 105 ... was issued Registered Dispensing Optician Certificate No. D7523 and ... DATE OF BIRTH \\~+ ~6rx..tA$
Memo 2450 Del Paso Road Suite 105 Sacramento CA 95834 (916) 575-7170 (916) 575-7292 Fax wwwoptometrycagov

To Board Members Date November 3 2017

From Cheree Kimball Telephone (916) 575-7173 Lead Enforcement Analyst Probation Monitor

Subject Agenda Item 2 ndash Petition for Reduction of Penalty or Early Termination of Probation

Petition for Reduction of Penalty or Early Termination of Probation

Aeven Awraha (D7523 SL6167)

Aeven Awraha (Petitioner) was issued Registered Dispensing Optician Certificate No D7523 and Registered Spectacle Lens Dispenser Certificate No SL6167 on April 6 2010 On April 13 2016 the Board filed First Amended Accusation No 800-2015-011781 against Petitioner charging him with violations of laws and regulations based on the conviction of a crime substantially related to the qualifications functions or duties of a Dispensing Optician Effective July 21 2016 Petitionerrsquos registrations were revoked the revocations were stayed and Petitionerrsquos registrations were placed on three (3) yearsrsquo probation subject to certain terms and conditions

The Petitioner is requesting the Board to grant his Petition for Reduction of Penalty or Early Termination of Probation

Attached are the following documents submitted for the Boardrsquos consideration in the above referenced matter

1 Petition for Reduction of Penalty and Early Termination of Probation 2 Copies of the Proposed Decision and First Amended Accusation

1

Agenda Item 2 Attachment 1

BUSINESS CONSUMER SERVICES AND HOUSING AGENCY GOVERNOR EDMUND G BROWN JR

CALIFORNIA STATE BOARD OF OPTOMETRY 2450 DEL PASO ROAD SUITE 105 SACRAMENTO CA 95834 P (916) 575~7170 F (916) 575-7292 wwwoptometrycagov

PETITION FOR REDUCTION OF PENALTY OR EARLY TERMINATION OF PROBATION

No petition for reduction of penalty or early termination of probation will be entertained until one year after the effective date of the Boards disciplinary action The decision of the petition will be made by the full Board and in accordance with the attached standards for reinstatement or reduction of penalty Early release from probation or a modification of the terms of probation will be provided only in exceptional circumstances such as when the Board determines that the penalty or probationary terms imposed have been excessive considering both the violation of law charged and the supporting evidence or when there is substantive evidence that there is no more need for the degree of probationary supervision as set forth in the original terms and conditions As a rule no reduction of penalty or early termination of probation will be granted unless the probationer has at all times been in compliance with the terms of probation

PLEASE TYPE OR PRINT LEGIBLY 1 NAME (FIRST) (MIDDLE) (LAST) I CERTIFICATE OF

REGISTRATION NO At1Y1 4(AJ(1 t-t 0-

2 ADDRESS (NUMBER) (STREET) DATE OF BIRTH

~+ ~6rxtA -IA --f I2- - 0 7- _ 1-(CITY) (STATE) (ZIP CODE) TELEPHONE

((el1) l(SC 3degI yendeg1GL ~rOYL- C)A- deg1-z_o 2-0 3 PHYSICAL DESCRIPTION (HEIGHT) (WEIGHT) (EYE COLOR) (HAIR COLOR)

5_ ( - l +o lb 1-s~N ~oJ) 4 EDUCATION NAME(S) OF SCHOOL(S) OR COLLEGE(S) OF OPTOMETRY ATTENDED

NAME OF SCHOOL

ADDRESS (NUMBER) (STREET)

(CITY) (STATE) (ZIP CODE)

5 ARE YOU CURRENTLY LICENSED IN ANY OTHER STATE IL)YES uo STATE LICENSE NO ISSUE DATE EXPIRATION DATE LICENSE STATUS

C4

6 List locations dates and types of practice for 5 years prior to discipline of your California license

LOCATION -DATE FROM DATE TO TYPE OF PRACTICE

ooLl0 1

39M-12

2


I

-i

7 Are you or have you ever been addicted to the use of narcotics or alcohol DYEsldfu

D YES fJie8 Are you or have you ever suffered from a contagious disease

I ~

9 Are you or have you ever been under observation or treatment for mental disorders alcoholism or narcotic addiction

D YEsialto

10 Have you ever been arrested convicted or pied no contest to a violation of any law of a foreign country the United States any state or a local ordinance you must include all convictions including those that have been set aside under Penal Code Section 12034 (which includes diversion programs) DYES~

11 Are you now on probation or parole for any criminal or administrative violations in this state or any other state (Attach certified copies of all disciplinary or court documents) DYEslafu

12 Have you ever had disciplinary action taken against your optometric license in this state or any other state DYES~

IF YOU ANSWERED YES TO ANY OF THE ABOVE QUESTIONS YOU MUST ATTACHMENT A STATEMENT OF EXPLANATION GIVING FULL DETAILS

ON A SEPARATE SHEET OF PAPER PROVIDE THE FOLLOWING INFORMATION

13 List the date of disciplinary action taken against your license and explain fully the cause of the disciplinary action

14 Explain fully why you feel your license should be restored or the disciplinary penalty reduced

15 Describe in detail your activities and occupation since the date of the disciplinary action include dates employers and locations

16 Describe any rehabilitative or corrective measures you have taken since your license was disciplined to support your petition

17 List all post-graduate or refresher courses with dates location and type of course you have taken since your license was disciplined

18 List all optometric literature you have studied during the last year

19 List all continuing education courses you have completed since your license was disciplined

20 List names addresses and telephone numbers of persons submitting letters of recommendation accompanying this petition

I declare under penalty of perjury under the laws of the State of California that the answers and information given by me in completing this petition and any attachments are true and I understand and agree that any misstatements of material

facts will be cause for the rejection of this petition ~--_

DateQAJo 4= Signature___ -----I

All items of information requested in this petition are mandatory Failure to provide any of the requested information will result in the petition being rejected as incomplete The information will be used to determine qualifications for reinstatement reduction of penalty or early termination of probation The person responsible for information maintenance is the Executive Officer of the California state Board of Optometry at 2420 Del Paso Road Suite 255 Sacramento California 95834 This information may be transferred to another governmental agency swh as a law enforcement agency if necessary to perform its duties Each individual has the right to review the files or records maintained on them by our agency unless the records are identified confidential information and exempted by Section 17983 of the Civil Code

3


To California State Board of Optometry

Att Cheree Kimbal (Probation Officer)

This is Aeven Awraha the owner of Prince Optical located at 528 E Main St El Cajon CA 92020 and the

reason for this letter is to request early termination of probation

I am very sorry and I apologize about whatever happe_ned in the past I really regret what I did and how

this all happened to me

Ever since the first interview I had with Board OfOptometry most of the insurances have been

suspended from my account and I am not able to accept insurances Themiddoty terminated me from Provider

middotRelationship because of my issue with state board

Since state board took action against me everything got worse I began losing customers because I cant

accept their insurance and they know I am allowed-take their insurances since I opened my store in

2010 So I feel uncomfortable with the situation because I am a hard working individual and I am

married I am a dad of three kids ages 10 91 and 1 and haf years old Taking this into consideration I

have been behind since 2015 and I lost a lot of customers Please forgive me for what ever happened to

me I have been released of my probation even the federal court have terminated me on the first year of

five years of probation Please I am requesting mercy to get rid of this probation I was following every

single rule without making any mistakes especially in US except that mistake We are human all of us

make mistake but I have learned my lesson on this whole situation Please accept my apology and I

want to move forward and take care of my business and family because I believe all of us eventually will

no longer live on this earth and the only thing that will go with us will be1 our good deeds I believe we

can love and help each other in peace I want to keep my family and kids moving forward the right way

please lets keep our flower alive because we only live once

Please please please accept my request to have early termination and go back to work as normal

Aeven Awraha

Prince Optical

528 EMain St El Cajon CA 92020

Cell 619-456-3989

Office 619-401-8845

G2-shyf1~ 4


--

middot -bull-~ ~ a bull ~

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---middotshy~ -middotshymiddotshy--middot-middotshymiddotshy-----

middot==--~ middotmiddot== --- middot--middotshymiddotshymiddot-middotmiddotshymiddot--~ ---

5


BEFORE THE STATE BOARD OF OPTOMETRY

DEPARTMENT OF CONSUMER AFFAIRS --+----------------~+A+E-Oi__cALl~ORNIA-------------~

In the Matter of the First Amended Accusation Against

Case No 800-2015-011781 Aeven Awraha

Registered Dispensing Optician Certificate No D7523

Registered Spectale Lens Dispenser Certificiate No SL6167

Respondent

ORDER DENYING PETITION FOR RECONSIDERATION

The Petition for Reconsideration which has been filed by respondent in the aboveshyentitled matter having been read and considered anc good cause for the granting of the petition not having been shown the petition is hereby denied Accordingly the Decision shall remain effective on July 21 2016

-~ _-shy~

middot Madhu Chawla OD President California State Board of Op~ometry

6


- -

-----------

- I i( )

-~ f

-

r-middot- _----------------------BEFO1filTHE

--1--------------------B-O-ARD--OF OPTO11ETRY

DEPART11ENT OF CONSillvlER AFFAIRS STATE OF CALIFORNIA

----- - ~-------------- --------------------------------- ------------------------------- -----

In the Matter of the Accusation Against

Case No -800-2015-011781 AEVEN M AWRAHA

OAR No 2015080766 Respondent

- ORDER OF DECISION

DECISION I

The attached Proposed Decision of the Administrative Law Judge is hereby adopted by the Board of Optometry as its Decision in the above-entitled matter

July 21 2016This Decision shall become effective on

IT IS SO ORDERED this __2_1s_t___ day of June 2016

By ~-------- -- -_

7-middot---middot----middot--middot----middotmiddot--- -------middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot-middot--middot-middotmiddot--middotmiddot--middotmiddot-middot-middot middot-middotmiddot-middotmiddotmiddotmiddotmiddotmiddot---

Agenda Item 2 Attachment 2( ) ___ J

I

I

BEFORE THE BOARD OF OPTOMETRY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First Amended Accusationmiddot Against Case No 800-2015-011781

AEVEN A WRAHA RDO SLD OAH No 2015080766


Registered Spectacle Lens Dispenser Certificate No SL6167

Respondent

PROPOSED DECISION

James Ahler Administrative Law Judge Office ofAdministrative Hearings State of California heard this matter on May 10 2016 in San Diego California

Nicole R Trama Deputy Attorney General Department of Justice State of California represented complainant Jessica Siefennan Executive Officer of the State Board of Optometry Department of Consumer Affairs State of California

Carl M Hancock Attorney at Law represented respondent Aeven Awraha RDO SLD who was present throughout the disciplinary hearing

The matter was submitted on May 10 2016

SUMMARY

Complainant seeks to impose discipline upon the certificates of registration issued to respondent as a result of respondents April 3 2014 felony conviction for knowingly conducting an unlicensed money transmitting business Respondent admitted the fact of his conviction and the circumstances underlying that conviction in this proceeding

Respondents conviction and the circumstances giving rise to it are substantially related to the qualifications functions and duties of a registered dispensing optician and

1

8

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Agenda Item 2 Attachment 2n

_Jregistered spectacle lens dispenser who must be honest anaof good moral characte=r-_________

Complainant established respondent knowingly engaged in dishonest activities for the

purpose of financial gain However respondent established some mitigating circumstances

---+-------aRRears to have learned a valuable lesson and likely will not engage in the same or similar

------- --- -----misconduct_in the_futlrre__________------------~----- middot ---------- -- -

Putting respondent permanently out ofbusiness is not necessary to protect the public

Doing so would constitute needless punishment A more appropriate disciplinary option is

available that will permit respondent to continue his practice with restrictions in place that

will permit the Board to monitor his practice and protect the public That option requires the

registrations be revoked with the order of revocation stayed on condition that respondent be

placed on probation for a period of three years with term ofprobation that requires a 30-day

actual suspension and other terms and conditions that will permit the Board to monitor

respondents rehabilitation and ensure his safe professional practice

FACTUAL FINDINGS

Respondents Background Education and Experience

1 Respondent was born in Baghdad Iraq in 1982 He grew up in Iraq where he

and family members belonged to the Chaldean Catholic Church Respondent practiced

optometry in Iraq following his receipt of a diploma from the Institute of Medicine in

Baghdad Respondent and his relatives owned and operated optical stores before respondent

fled from Iraq to Jordan in 2006 as a result of religious discrimination terrorist acts and the

seizure ofhis business He remained in Jordan for a year when as United Nations refugees

he his wife and their son were permitted entry into the United States

2 In September 2007 after being granted asylum respondent and his family

settled in San Diego California Respondent attended English as Second Language classes

and other ROP programs He used the professional training and experience he obtained in

Iraq along with additional training to take and pass the American Board of Opticiahry

examination On that basis respondent became certified as a registered dispensing optician

in April 20LO

3 After passing the licensing examination respondent briefly worked at Costco

in National City

4 Respondent obtained a certificate of registration as a registered spectaclE lens

dispenser Respondent opened a dispensing business in a 1900 square foot store in El Cajon

The dispensing business includes a laboratory where respondent cuts lenses sells optical

frames and fills special orders and a retail sales area The spectacle lens dispensing

business shares space with respondents other business a prepaid cell phone sales service

and repair business These business entitles are collectively known as Prince Wireless amp

2

9

Agenda Item 2 Attachment 2)

Optical At one time during the operation of Price Wireless amp Optical respondent contracted

with Western Union and the California Lottery to sell their products

------------------t--he-wirnless-business-employens-four_persons_w_hlle_respondenUs_the_only_p_er_s_on~--------

_ j --working-jn-the-dispensing-business ----- - -~------------------------i -

5 As a result ofhis Western Union training related to money transfers

respondent knew the hawala system of transferring money so pervasive in the Middle

East was inconsistent with United States money transferring laws and was illegal 1

6 Respondent works seven days a week at Prince Wireless amp Optical often as

much as ten hours a day He fills 250 to 300 prescriptions each month He estimated it takes

him 10 to 15 minutes to fill a prescription He estimated 35 percent ofhis annual income is

derived from his dispensing practice with the remainder of his income being the result ofhis

cell phone service and sales business

7 Respondent holds an unrestricted electronic repair license license no 90845

which was issued by the Bureau ofElectronic and Appliance Repair Department of

Consumer Affairs on February 26 2016 fn applying for that license respondent disclosed

the fact of the felony conviction giving rise to this disciplinary action

Respondent also holds an unrestricted secondhand dealer license that was first issued

by the El Cajon Police D~partment on November 16 2015 In applying for that license

respondent disclosed the fact (of the felony conviction giving rise to this disciplinary action

8 Respondent is married He and his wife have three sons who are nine years

old five years old and three months old The family attends St Michael Chaldean Catholic

Church in El Cajon

License History

9 - On April 6 2010 the State Board of Optometry issued Registered Spectacle

Lens Dispenser Certificate of Registration No 6159 to respondent The registration

certificate is set to expire on December 31 2017

There is no history of any discipline having been imposed upon the lens dispenser

registration certificate

1 The hawala system is des~ribed in further detail hereafter Respondents attorney

in the federal criminal action conceded in a sentencing memorandum he filed (Exhibit 3

AGO-0148 lines 18-20) that respondent knew or should have known the hawala system

was illegal in the United States as a result of respondents Western Union money transfer

training Respondent also admitted that was the case in this proceeding

3

10


--- ----------------------- ---

()

10 On April 62010 the State Board of Optometry issued Registered Dispensing

Optician Certificate ofRegistration No 7523 to respondent lmder the name ofPrince

Optical The registration ce1iificate was set to expire on April 30 2016 Whether the _----+----------frac14-egistration-certificate-wasxenewed~was__noLestab1ished___________________

--~ -- ---- ----- -- -----

There is no history of any discipline having been imposed upon the dispensing

optician registration certificate

Jurisdictional Matters

11 On April 15 2016 counsel for complainant signed the First Amended

Accusation in Case No 800-29015-011781 The first amended accusation sought to impose

discipline on respondents registrations on the basis of respondents April 3 2014 felony

conviction for of violating United States Code title 18 section 1960 subdivisions (a) and (b)

(first cause for discipline) and under Business and Professions Code section 25593 (second

cause for discipline) The first amended accusation sought the recovery of the Boards costs

of investigation and enforcement2 middot

Respondent filed a notice ofdefense to the accusation that was dated August 7)2015

that notice of defense controverted all new allegations in the first amended accusation

12 The record in the hearing was opened on May 10 2016 jurisdictional

documents were presented an evidentiary stipulation was recited sworn testimony was

taken and documentary evidence was received official notice was taken of the Boards

disciplinary guidelines closing arguments were given the record was closed and the matt~r

was submitted

United States Money Transfer Laws and the Hawala System

13 Californias Money Transmission Act prohibits a person from engaging in the

business ofmoney transmission in California unless that person is licensed or is exempt from

licensure (Fin Code sect 2030) Under the Act a person who knowingly engages in an

activity for which a license is required without being licensed or exempt from licensure is

guilty of a felony (Fin Code sect 2152) A civil penalty may also be assessed against a

person who violates the Act (Fin Codesect 21511)

2 Complainant Kimberly Kirchmeyer the Executive Director of the Medical Board of

California signed the accusationon July 13 2015 The accusation stated the matter was

before the Medical Board of California while the first amended accusation was signed on

behalf of complainant Jessica Siefennan and stated the matter was before the Board of

Optometry Paragraph 5 was added to the first amended accusation alleging that under

Business and Professions Code section 25501 all references to the Medical Board shall be

lmderstood to mean the Board of Optometry There were no other significant differences

between the accusation and the first amended accusation

4

11

Agenda Item 2 Attachment 2( J

14 middot Under federal law any person who knowingly conducts controls manages supervises directs or owns all or part of an unlicensed money transmitting business shall be fined in accordance with this title or imprisoned for not more than 5 years or both The term unlicensed mone transmitting business means a money transmitting business which

-- --~---- --~~ -affects-interstate-or-foreign-commerce-in-any-manner-or-degree-and-is operated-without-an appropriate money transmitting license in a State where such unlicensed operation is punishable as a misdemeanor or a felony whether or not the defendant knew that the operation was required fails to comply with federal money transmitting business registration requirements or engages in the transportation or transmission of funds known to have been derived from a criminal offense or are intended to be used to promote or support unlawful activity (USCA tit 18 sect 1960)

15 Quite simply the business of transferring money in the United States is not a simple unregulated affair It requires a license limitations on transactions and meticulous recordkeeping It does not involve a transaction that can be accomplished with a handshake All persons who undergo the training necessary to be eligible to transfer money through Western Union learn of the need to comply with the state and federal laws

16 State and federal requirements related to the transfer ofmoney are distinguishable from the hawala system which was described in United States v Banki (2d Cir 2012) 685 F3d 99 103 as follows

The transfers [ ofmoney] were effectuated through an informal system called a hawala The hawala system is widely used in Middle Eastern and South Asian countries and is primarily used to make international funds transfers Though there are many forms ofhawala in the paradigmatic hawala system funds are transferred from one country to another through a network of hawala brokers (ie hawaladars) with one hawaladar located in the transferors cotmtry and one in the transferees country In this form a hawala works as follows If Person A in Country A wants to send $1000 to Person Bin Country BmiddotPerson A contacts Hawaladar A in Country A and pays him $1000 Hawaladar A then contacts Hawaladar B in Country B and asks Hawaladar B to pay $1000 in Country B currency minus any fees to Person B The effect of this transaction is that Person A has remitted $1000 (minus any fees) to Person B although no money has actually crossed the border between Country A and Country B Eventually Hawaladar B may need to send money to Country A on behalf of a customer in Country B he will then contact Hawaladar A with whom he now has a credit due to the previous transaction Hawaladar A will remit the money in Cotmtry A to the designated person there thus clearing the debt between the two hawaladars Typically Hawaladar A and Hawaladar B would engage in many parallel transactions

5

12


moving in both directions A number of transactions might be

required before the books are balanced between the two

hawaladars If after some period of time their ledgers remain

----t------------imbalaneedth-hawaladars-may---settle_gt_via-wire_transfeLo~-------------

- ---- - -----------------anotber-more-formahnethod-of-money-transmission--The----

hawala system operates in large part on trust sincemiddot as in the

example above a hawaladar will remit money well before he

receives full payment and he does so without the benefit of a

more formal legal structure to protect his investment

Respondents Conviction

17 On March 18 2014 an information was filed in the United States District

Court Southern District of California in United States ofAmerica v Aeven Awraha

Defendant Case No 14CR0659JAH The information alleged that from March 29 2012

through July 4 2013 respondent knowingly conducted controlled managed supervised

directed and owned an unlicensed money transmitting business in El Cajon California

that affected interstate and foreign commerce and operated without an appropriate money

transmitting license in the state of California where such operation was punishable as a

felony and failed to comply with the money transmitting business registration requirements

under 31 USC sect 5330 and regulations prescribed thereunder all in violation ofTitle 18

United States Code Section 1960 (a) amp (b) (1) (A)- (B)

On April 3 2014 a written plea agreement was filed in the United States District

Court Southern District of California in Case No 14CR0659JAH3 In that agreement

respondent admitted he understood the elements of the offense there was a factual basis for

the guilty plea and the maximum penalty for the offense included five years in prison a fine

of $250000 and supervised release for five years Respondent acknowledged the sentencing

judge was required to consult the United States Sentencing Guidelines and he or she could

not determine the sentence without a presentence report

Kyla Hamilton a US Probation Officer prepared a comprehensive presentence

report dated May 14 2014 which was filed in respondents criminal case That report

calculated the sentencing range for respondents offense when adjusted upward and

downward based on various factors and resulted in a recommended sentence of 12 to 18

months in custody Defense counsel filed a sentencing memorandum that suppleinented the

probation officers report

On Amicrogust 25 2014 the Honorable John A Houston United States District Judge

entered judgment in Case No 14CR0659JAH The court placed respondent on probation for

five years Conditions ofprobation required that respondent not commit any further crimes

provide a DNA sample not possess a firearm or any other dangerous weapon report all

3 Respondent and his attorney in the criminal matter signed the plea agreement on

January 20 2014 before the information was formally filed in the district court

6

13

Agenda Item 2 Attachment 2(~ ( )

vehicles he owned or in which he had an interest submit to searches at reasonable times and

places and notify a probation officer of any deportation proceedings The court ordered

respondent to pay a $100 assessment

---- -~---Respondent-was-not-ordered to-serve-time in-custody-pay-fines0r--make-restitution~------

On September 28 2015 Judge Houston signed an Order for Termination of

Probation The order stated the court had verified with the United States Probation

Department that respondent was in fullcompliance with probation and there was no other

criminal action pending Probation was terminated middot

Circumstances ofthe Offense

18 Respondent acknowledged in this proceeding that the following information

- which was contained in the May 14 2014 presentence report was true

In February of2012 Immigration and Customs Enforcement

(ICE) Office of the Special Agent in Charge San Diego

(SACSD) Financial Group received information from a

confidenti~l source (CS) that Prince Wireless and Optical a

business located at 528 Main Street in El Cajon California ( owned by AWRAHA) was operating as an unlawful money transmitting business and engaging in money laundering by

facilitating the movement of funds between Iraq and the United

States The investigation later revealed that Prince Wireless and

Optical was also facilitating the movement of funds between the

United States and various other Middle Eastern countries to

include Saudi Arabia and Jordan

[r] [0

On Febrnary 28 2012 a CS placed a recorded undercover telephone call to Prince Wireless and Optical AWRAHA

answered the call and engaged in conversation with the CS

A WRAHA agreed to transfer funds for the CS from El Cajon to

Iraq for a five percent fee AWRAHA described his business as

a hawala

On March 22 2012 a special agent discovered that between

Febrnary 11 2011 and November 28 2011 six Currency

Transaction Reports (CTRs) had been filed for the deposit of

cash iiito four Wells Fargo bank accounts for or by A WRAHA

Each of the CTRs was filed as a result of multiple cash deposits

occurring within the same day which combined exceeded $10000 Another CTR was filed for the deposit of cash on July

7

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8 2011 into a three Wells Fargo bank accounts (one ofwhich A WRAHA had also deposited cash) The CTR was filed as a result ofmultiple cash deposits occurring within the same day

i--------------which-combined_exceeded_$l00_0_0~middot-middot-middot-middot--------------------

0n March 26 2012 a special agent conducted a review of businesses licensed with the Community Development Financial Institution (CDFI) as transmitters ofmoney abroad as well as a list of registered money service businesses through the Financial Crimes Enforcement Network (FinCEN) The investigation revealed that Prince Wireless and Optical was not registered with CDFI as a transmitter ofmoney abroad or with FinCEN as a money service business

On March 28 2012 a CS placed a recorded undercovermiddot telephone call to Prince Wireless and Optical A WRAHA answered the call and agreed to transfer funds for the CS from El Cajon to Iraq However when the CS asked for further details regarding the proposed transaction A WRAHA informed he did not want to talk about the details over the telephone and

) instructed the CS to come to the Prince Wireless and Optical store

On March 29 2012 an ICE-Undercover Operative (UCO) went to Prince Wireless and Optical with $6000 cash and met with the defendant The UCO told A WRAHA he was there on behalf of the CS The UCO told AWRAHA the CS needed to send $6000 to another individual (UC02) in Riyadh Saudi Arabia At that point AWRAHA attempted to contact the CS and the UC02 via telephone but was unsuccessful AWRAHA informed the UCO he could not send the funds without speaking to the CS

Following the meeting the CS placed a recorded undercover telephone call to A WRAHA and informed [him] he was at work and was unable to personally bring the funds to Prince Wireless and Optical The CS stated he was relying on the UCO to provide the money to the defendant After confinning the UCO was a friend of the CS AWRAHA told the CS the UCO could return to the Prince Wireless and Optical store and the funds would be sent as agreed

Later the same day the UCO returned to the Prince Wireless and Optical store with $6000 The UCO provided A WRAHA with the money along with the name and telephone number of

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the receiving party (UCO2) in Saudi Arabia A WRAHA asked the UCO for a $300 fee for transferring the funds The UCO told the defendant to take the $300 fee out of the $6000

_________________provided_______________________________ -----~---- - ----~---- ------

During the meeting A WRAHAasked the UCO for identification Instead the UCO provided the defendant with an undercover business card which represented an unlawful cigarette sales and smuggling business

Bet1een April 4 2012 and April 24 2012 the UCO engaged in five recorded undercover telephone conversations with A WRAHA regarding the status of the $6000 being transferred to Saudi Arabia The defendant informed the UCO he was unable to successfully transfer the funds A WRAHA said he could instead transfer the funds to Jordan The UCO agreed to go to the Prince Wireless and Optical store to meet with the defendant and provide him with additional cash which along with the $6000 would need to be transferred to Jordan

On August 14 2012 the UCO went to the Prince Wireless and Optical store and told the defendant he needed the-$6000 sent to an individual in Iraq A WRAHA informed he would be unable to send the funds to Iraq until the end of the following week due to banking problems he was having The UCO acknowledged the arrangement would be acceptable

During the conversation the defendant asked the UCO what he did for work The VCO informed A WRAHA that he smuggled cigarettes from Mexico into the United States After learning

this A WRAHA informed the UCO that he wanted to have his brother brought from Holland to the United States (via Mexico) and asked the UCO ifhe knew anyone in Mexico who could arrange this The UCO told the defendant he knew many people in Mexico and would try to find someone who could

Undercover E-mails Regarding Money Transfers On May 8 2012 a special agent established an undercover e-mail account for use in the investigation The special agent sent correspondence to the e-mail address listed on the defendants business card The special agent informed he was in Baghdad Iraq and wanted to send $5000 to his relative in El Cajon California The special agent inquired about the fee for doing so and inquired about who he should contact in Iraq The following day the special agent received a return e-mail which

9

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~

advised that his relative could call the Prince Wireless and Optical store or stop by the store

---+--------------PnMay 182012 the special agent reSJ1~0n~d~e~d~to~t~h~e~e~-~m=a=il~--------------- - ----------- ---- - -indkating-his-rnlativewas-elder13~ The-special-agent-asked-if----------------------- --- - - _i

there was another way he could get further details about sending - -money The next day the special agent received an e-mail response which indicated that if the special agent provided his relatives contact information someone from Prince Wireless and Optical would contact the special agents relative directly

Following the above e-mail communications and on June 4 2012 a United States Magistrate Judge signed and approved a search warrant for the aforementioned e-mail account On June 26 2012 a special agent completed a review of the e-mail contents which did not reveal any e-mails (besides the undercover e-mails) regarding unlawful money transmitting services

AWRAHAs Western Union Training On May 9 2012 a special agent reviewed information obtained from Western Union which revealed A WRAHA became a registered agent of Western Union in July of 2011 for the purpose of sending and receiving Western Union money transfers and selling Western Union money orders As a Western Union agent the defendant was required to complete the Western Union anti-money laundering (AML) training The AML training is comprised of numerous topic including 1) an overview of money laundering 2) an overview of the Money Laundering Control Act 3) information about the bank Security Act 4) recordkeeping requirements and 5) reporting requirements

The AML training contains pertinent information regarding_ Currency Transaction Reports (CTR) which states that the bank Security Act requires money service businesses to file a CTR within 15 days of a transaction or series of transactions that 1) totals more than $10000 Ccash in or cash out) including any fees 2) is conducted by or on behalf of the same person 3) and is conducted in the same business day

Another section of the AML training regarding recordkeeping states that the Bank Security Act contains recwrdkeeping requirements that affect Western Union agents involved in the sale ofmoney transfers andor money orders Specifically if a money service business conducts a money transfer in the

10

17


____________ ----------

principal amount of $3000 or more the money service business

must collect and keep a record of certain information for five

years This includes information about the consumer and the _-+-----------transaction-Ihe-money_serYice_bnsiness_musLalso_y_e_rify_the

------ - -~--- -- ------------consumer2s-information-by-middotreviewing-an-aeeeptable---------~--- - ~~

identification document

Another portion of the AML training states that the Bank

Security Act requires all money service businesses to register

with FinCEN and maintain a listof agents In the United States

if a Western Union agent is a money service business solely

because they are an agent ofWestern Union they are not required to register with FinCEN Ifthose agents sell services

other than Western Union servicesi they must register as money

service businesses for the non-Western Union services that

qualify them as a money service business

IfAWRAHA had been using the Western Union money transfer

system to send funds for the UCO on March 29 2012 the fee

would have been approximately $120 and the UCO would have

been required to complete a Western Union money transfer sheet (which he did not) Furthermore a review of all Western

Union money transfers conducted by the defendant between

March 1 2012 and April 3 2012 (which consisted of 34

transactions) revealed that none contained the UCOs name or

the amount being transferred

Successful Transfer of $25000 to Iraq On September 26 2012

the UCO went to Prince Wireless and Optical with $25000 and

met with AWRAHA The defendant agreed to transfer the $25000 to an individual in Iraq (UC02) A WRAHA informed

the UCO that the fee for the transfer would be $1375 and that

the funds would be available for pickup by the UC02 in Iraq the

next morning AWRAHA provided the UCO with contact

information for a person in Iraq from whom the UC02 could

pick up the money

During the meeting between the UCO and A WRAHA the defendant explained he had a bank account containing $50000

that had been frozen or seized The same accOlmt contained the

$6000 belonging to the UCO (from the previous attempt to transfer cash to Saudi Arabia) AWRAHA explained he had

hired an attorney and was trying to get the money returned to

him During their conversation the defendant apologized to the

11

18

Agenda Item 2 Attachment 2-~() i )

~

UCO about the funds being frozen A WKAHA promised the UCO he would pay the $6000 back as soon as possible

_-+----------~The-UCO-explainecLthaLthe_frozenlimds_were_no_t_a_c_onc_em___________

The UCO said he needed to transfer the $25000 to his boss in Iraq in order to cover the $6000 of frozen funds and an additional $18000 he owed to the boss The UCO said that once the $25000 had arrived in Iraq the issue of the frozen $6000 would just be between A WRAHA and the UCO The defendant stated the transfer of $25000 would not be a problem It was subsequently agreed that the $6000 would be returned to the UCO as soon as A WRAHA was able to do so

On October 2 2012 the UCO telephonically contacted AWRAHA to check on the status of the $25000 being transferred to Iraq A WRAHA informed the UCO that the individual in Iraq (UC02) should call a specific telephone number in order to arrange the pickup

On October 6 2012 UC02 called the provided telephone number and was told to pick up the funds from Al Maraj Company International in Baghdad Iraq The UC02 arrived at said company and was provided with $23625 which had been sent by the UCO (through AWRAHA)

Successful Transfer of $35000 to Iraq On October 19 2012 the UCO went to the Prince Wireless and Optical store and

middotprovided A WRAHA with $35000 A WRAHA agreed to transfer the money to the UC02 in Iraq The defendant informed that the fee for the transfer would be $2100 and said the funds would be available for pickup in Iraq in two days

During the meeting A WRAHA and the UCO again discussed the $6000 owed to the UCO by the defendant A WRAHA told the UCO he was still trying to get his bank account containing $50000 unfrozen The agreement continued that the defendant would repay the UCO $6000 whenever he was able to do so

The pair also discussed the UCOs illegal cigarette smuggling business The UCO asked A WRAHA ifhe knew anyone who would be interested in purchasing cigarettes The defendant said he knew someone who buys cigarettes however the person was in Iraq at that particular time The UCO asked the defendant ifhe would put the UCO in contact with said person

12

19


(upon his return from Iraq) because the UCO had 2000 boxes of cigarettes which needed to be moved The defendant asked if the cigarettes had tax stamps on them to which the UCO stated

---+--------------they-did-not-The-UCO-offerecLthe_defendant_a_sample_paclco~----------~ --~-----~~-~--~~~cigarettes-but-A-WRAH-A-said-hew0uld-simply-0all-the-lJGG--~

when he wasready to introduce him to his contact -

On October 22 2012 the UCO placed a recorded undercover telephone call to the defendant and learne_d that the $35000 was available for pickup in Iraq by the UCO2 at the same location previously used (Al Maraj Company International in Baghdad Iraq)

On October 24 2012 the UCO2 went to the Al Maraj Company International and was provided with $32900 which had been sent by the UCO (via the defendant)

Successful Transfer of $25000 to Jordan On December 5 2012 the UCO took $25000 to Prince Wireless and Optical and gave the money to A WRAHA The defendant agreed to transfer it to the UCO2 in Iraq The defendant informed the UCO that the fee for the transfer would be $1500 and the funds would be available for pickup by the UCO2 in Iraq the next morning

During the meeting between the UCO and A WRAHA the UCO asked the defendant ifhe had found any buyers for his counterfeit cigarettes The)UCO provided the defendant with a sample pack of counterfeit cigarettes and informed he still had 500 boxes of the cigarettes for sale At that point AWRAHA called an unknown individual using the nanie Saari Saari and the UCO discussed the counterfeit cigarettes but ultimately Saari refused to partake in the cigarette trade When the UCO offered a sample of counterfeit cigarettes to the defendant A WRAHA refused stating he does not smoke

A WRAHA and the UCO also discussed the $6000 owed to the UCO by the defendant (from the previous attempt to transfer the money to Saudi Arabia) A WRAHA explained he was still working with his attorney to recover his frozen bank account Again the defendant promised to repay the UCO as soon as possible The UCO explained that as soon as the money was available he would want the $6000 sent to Iraq

13

20


7 I

i

-j

On February 20 2013 the UCO placed an undercover telephone

call to the defendant During the call the UCO told A WRAHA

to transfer the $25000 to another individual (UC03) in Amman

---t--------------1ordan-~rather-thanJraq)__The_defendanLagr_e_ed_trLtrans_fer t-h~e------~-----

-----------~-~-$25000-to-Jordan-for-an-additional-fee-of-$-1sect00~-----

On February 26 2013 during a telephone conversation between the UCO and A WRAHA the defendant told the UCO that UC03 could pick up the funds from Ibrahim El-Awam at his office Sahir-awi in Amman Jordan middot

On March 11 2013 the UC03 received $22000 in Amman Jordan in accordance with AWRAHAs instructions

Successful Transfer of$30000 to Jordan On May 14 2013

the UCO took $30000 to the defendant at Prince Wir~less and Optical AWRAHA agreed to transfer the money to the UC03

in Jordan A WRAHA informed the UCO that the fee for the transfer would be $1800 At that point the UCO reminded the

defendant he owed him $6000 and A WRAHA subsequently

agreed to lower the fee to $1500 AWRAHA explained he was going to small claims court to fight for a portion of this money which had been frozen in a bank account

On July 24 2013 the UC03 received $28500 in Amman Jordan in accordance with A WRAHAs instructions

Service of Search Warrant On August 9 2013 a United States Magistrate Judge approved and signed a search warrant for

Prince Wireless and Optical

On August 20 2013 several special agents went to A WRAHAs home in El Cajon arrested the defendant and

transported him to the ICE office in San Diego in order to conduct an interview

Following his arrest the defendant affirmed he is the sole owner of Prince Wireless and Optical and had been since 2010 AWRAHA admitted to engaging in the business of transmitting

funds from the United States to Iraq and Jordan for various customers from which be profited The defendant stated he only profited one to one-half percent per transaction however

when AWRAHA gave specific examples of transaction amounts

and his corresponding fees it appeared he was profiting two to three percent per transfer

14

21


_____ _

AWRAHA admitted that as a result ofpreviously being a Western Union agent he knew it was illegal to conduct money

transfers in the manner he had been doing The defendant also

---t------------ddmitted-he_knewiLwasillegaLto_conducLa_financial~---------------

------ ----------transactionin-eXcess-of-$-10000-witheut e0mpleting-a-Currency--------------

Transaction Report(CTR) Further AWRAHA admitted knowing that one ofhis money transfer customers was engaged in various unlawful activities and stated he sent fonds internationally for that customer A WRAHA identified said

-customer as Tamer who was engaged in the unlawful sale and shipment of cigarettes middot

The defendant said his money transmitting business operated as

follows a customer would come to his business (Prince Wireless and Optical) with cash they wanted to transfer to another country A WRAHA would accept the cash along with a fee Thereafter AWRAHA would contact one of two persons

Hussein in Seattle Washington or Bahaa Gorial in El Cajon The defendant would inform the person of the transfer details and AWRAHA would do one of two things 1) deposit

the cash into a bank account at the direction of Hussein (never depositing more than $9000 in one account) or 2) provide the cash in person to Bahaa Gorial Thereafter Hussein or Bahaa

Gorial would instruct the defendant as to where his customers

could pick up the cash in the receiving country A WRAHA would relay the pickup information to his customer The defendant indicated that Hussein and Bahaa Gorial were both _

well known in the Iraqi immigrant community for providing money transfer services

The defendant informed he did not keep records ofhis money transfer customers -He repeatedly made conflicting statements

about how many money transfer customers he had but ultimately stated he had assisted in providing money transfer services to three different people

AWRAHA also described an event which occurred between June 24 2012 and July 15 2012 During the event a woman entered the Prince Wireless and Optical store on numerous occasions and purchased cellular telephones and telephone cards The defendant said the woman purchased approximately $44000 worth of goods which she paid for using prepaid gift

cards A WRAHA said his bank ultimately informed that the

transactions conducted by the woman were done with fraudulent

15

22


gift cards As a result the bank seized $44000 from the defendant

--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~

It is noted that all of the funds transferred (less any fees) were ultimately returned to the SACSD

Respondents Testimony and Other Evidence

19 Respondents testimony concerning his background education and experience

was supplemented and explained by the probation officers presentence report and counsels

sentencing memorandum Respondent testified about the facts and circumstances

surrolmding his conviction although not in the detail set forth in the probation officers

presentence report

Respondent explained that his businesses were doing well and he was financially

stable until his bank froze his accounts after a female customer paid for wireless products

with fraudulent prepaid gift cards Before that occurred respondent deposited the original

$6000 he received from the ICE undercover agent into his bank account When his accounts

were frozen he was unable to transfer the money to the Middle East as promised He felt a

sense of responsibility and shame which he claimed resulted in his continuing to do business with the undercover agent Respondent suggested the ensuing transfer of funds to the Middle

East through a hawala was_ a small part ofhis overall business operation but respondent

described his business to the undercover agent as a hawala It is of concern that the ICE

undercover agent represented to respondent during their interactions that he was engaged in

unlawful cigarette sales and smuggling which resulted in respondent asking whether the

agent could assist respondent in bringing a relative into the United States from Mexico

Respondent testified he was under lots ofpressure at the time he engaged in the unlawful money transfers as a result ofhis bank accounts being frozen He emphasized there

was no loss to any customer as amiddot result ofhis hawala activities He testified he used the prqceeds from the hawala transactions which he knew were illegal to help pay his

mortgage even though the amounts he realized from those transactions were relatively

minor less than $500 per transaction

Respondent emphasized his good moral character dirring his testimonystating I am

really honest I am straight I dont deserve it After making such statements

respondent expressed some remorse claiming I dont blame anyone but myself He was

unable to articulate the reasons the Board was concerned other than to state he had suffered

a criminal conviction

20 Father David Stephen testified Father Stephen is the Parochial Vicar of St

Michael Chaldean Catholic Church in El Cajon He has known respondent for many years

He testified respondent is a faithful member of the congregation who provides free glasses to

16

23

1

I I i


___

-I

I i I

_

-

impoverished parishioners He is of service to the congregation Father Stephen believes

respondent essentially to be an honest individual Respondent is respected in the Chaldean

community

- -~- -------The-Board__s-Bisciplinary-Guideline-s-~-

2l The California State Board of Optometrys mission is to serve the public and

professionais by promoting and enforcing laws and regulations which protect the health and

safety of Californias consumers and to ensure high quality care In keeping with its mandate

to protect the consumer ofoptometric services from lmsafe incompetent andor negligent

professionals the Board adopted recommended guidelines for disciplinary orders and

conditions ofprobation The guidelines include factors to be considered in aggravation and

mitigation suggested discipline for violations of specific statutes and standard and specialty

probationary tenns and conditions

If at the time ofhearing the Administrative Law Judge finds that the respondent for

any reason is not capable of safe practice the Board favors revocation of the license If

however the respondent has demonstrated a capacity to practice optometry safely a stayed

revocation order with probation is recommended Suspension ofa license may also be

appropriate where the public may be better protected if the professional s practice is

suspended in order to correct deficiencies in skills and education or for the licensee to

achieve personal rehabilitation

The Board recognizes that these recommended penalties and conditions ofprobation

are merely guidelines and that aggravating or mitigating circumstances and other factors

may necessitate deviation from the guidelines in particular cases

Matters in Aggravation and Mitigation

22 Using the Boards criteria the following matters in aggravation and mitigation

were established

o No patients trust health safety or well-being was jeopardized

o Respondent has no history ofprior administrative discipline

o Respondent engaged in a series ofunlawful acts that gave rise to

his conviction

o Respondents conviction did not involve violence

o Respondents conviction did not involve a crime against a

minor elderly person or a person with a disability

17

24

I I I

Agenda Item 2 Attachment 2) ( )

o Respondent demonstrated minimal recognition ofhis wrongdoing but he no longer engages in any kind ofmoney transfer

~~shy~- -~------~-o--Responclent-was-forthe0ming-in-this-disciplinary-pr0ceeding-----------admitted the facts and circumstances giving rise to his

conviction and expressed some remorse

o Approximately three years has passed since respondents last illegal act

o Respondent has been offprobation for less than a year

o Respondent has no other criminal or administrative disciplinary history

Evaluation

23 Respondent has held Board certifications for more than six years He has

provided valuable professional services to members ofhis community and the general public

according to Father Stephen He continued to provide those services after the accusation was

filed almost a year ago There was noneed to impose an interim suspension order There is no evidence respondent ever engaged in professional negligence mistreated a consumer or

committed a fraudulent act in which a consumer was the victim There is no reason to conclude that respondent is not capable of safe practice to the contrary respondent has

demonstrated a capacity to practice safely

The concern raised by respondents felony conviction relates to his character for

honesty and trustworthiness The conviction at issue involved respondent knowingly

providing unlicensed money transfer services to a person who claimed to be engaged in illegal transactions The illegal activities occurred under the same roof where respondent

provided professional optometry services

Persons holding certification and registration with the Board of Optometry must be of

good moral character and respondents dishonest conduct resulting in his felony conviction

goes directly to his character Two factors are particularly troubling in this case first

respondent engaged in a continuing pattern of illegal conduct second despite his felony conviction for which minimal punishment was imposed respondent still does not appear to

understand the seriousness ofhis illegal conduct Respondents conductand attitude cannot

be ignored

Where as here an individual has demonstrated a capacity to practice safely the

guidelines rec01mnend a stayed revocation with standard and special tenns of probation

Suspension may also be appropriate when a suspension provides a measure ofpublic protection and fosters personal rehabilitation

18

25


7 I

The central question in this matter is whether terms and condition of probation exist

that will adequately protect the public and will at the same time permit the Board to monitor

respondents professional practices protect the public and encourage rehabilitation The

---t-------questicm-may-be-answerea-in-the-a-ffirmatiyene----------------------------~---___

To impress upon respondenthis need to be of good moral character and his obligation-

not to engage in unlawful activities the imposition of a 30-day actual suspension is

appropriate The suspension will remind respondent his misconduct was not trifling and was

related to the qualifications and practice of a registered dispensing optician and registered

spectacle lens dispenser who must be of good moral character

A three year period ofprobation is imposed following the suspension with terms and

conditions requiring respondent to obey all laws submit quarterly reports1 cooperate with

the probation monitoring program pay probation monitoring costs continue to function as a

registered dispensing optician and registered spectacle lens dispenser maintain valid

registrations notify the Board of any changes in his employment or residence pay the

Boards reasonable costs of investigation and enforcement and not engage in any kind of

business involving the transmission ofmoney requiring any kind of license middot

The disciplinary order outlined above falls directly within the Boards recommended

guidelines and protects the public

Costs ofInvestigation and Enforcement

24 A Certification of Costs Declaration ofNicole R Trama was introduced A

billing summary attached to the declaration identified various legal services provided by the

Office of the Attorney General Legal services were billed at a reasonable hourly rate The

deputy who tried this matter was organized and professional

Respondent did not object to the certification or the attachment

The ce1rtification and attachment satisfied the requirements of California Code of

Regulations title 1 section 1042 subdivision (b) and support a finding of costs in the

amount of $486250

LEGAL CONCLUSIONS

Purpose ofDisciplinary Proceedings

1 Administrative proceedings to revoke suspend or impose discipline on a

professional license are noncriminal and nonpenal they are not intended to punish the

licensee but rather to protect the public (Sulla v Board ofRegistered Nursing (2012) 205

CalApp4th 1195 1206)

19

26


-1

nI

I iI

~I

2 The purpose of an administrative proceeding concerning the revocation or

suspension of a license is to protect the public fromdishonest immoral disreputable or

incompetent practitioners (Ettinger v Board ofMedical Quality Assurance (1982) 135

--+-----Gal-App3d-853-856J---------------------------

The Standard ofProof

3 In determining the proper standard ofproof to middotapply in administrative license

revocation proceedings courts have drawn a distinction between professional licenses (such

as those held by doctors lawyers and real estate brokers) and nonprofessional or

occupational licenses (such as those held by food processors and vehicle salespersons) In

proceedings to revoke professional licenses the clear and convincing evidence standard of

proof applies while in proceedings to revoke nonprofessional or occupational licenses the

preponderance of the evidence standard ofproof applies In a proceeding to revoke the

license issued to an advanced emission specialist technician which required themiddotpassing of a

competency examination but not the extensive training and experience required to obtain a

professional license the preponderance of the evidence standard applied (Imports

Performance v Dept ofConsumer Affairs Bureau ofAuto Repair (2011) 201 CalApp4th

911 916-17

4 Although a dispensing optician must pass the registry examination

administered by of the American Board of Opticianry (Bus amp Prof Codesect 25592) to

obtain registration and the registrations at issue are subject to suspension or revocation

following the conviction of a substantially related crime (Bus amp Prof Code sect 2555 1 )

respondent did not establish that extensive education training or testing was required to

_obtain the registrations A review of applicable statutes leads to the conclusion that the

education training and testing requirements necessary to hold and maintain the registrations

at issue are quite similar to the requirements necessary to hold licensure as an advanced

emission specialist technician It is concluded that the preponderance of the evidence

standard applies4

Statutory Authority to Impose License Discipline

5 Business and Professions Code section 25551 provides in part

In the discretion of the Division of Licensing a certificate

issued hereunder may be suspended or revoked if an individual

certificate holder or persons having any proprietary interest who

will engage in dispensing operations have been convicted of a

crime substantially related to the qualifications functions and

duties of a dispensing optician The record of conviction or a

4 The same disciplinary findings and order would be imposed even if it were

determined that the clear and convincing evidentiary standard applies

20

27


-i

certified copy thereof shall be conclusive evidence of the conviction

_____________________The_hoardIDay_o_rd_er_thtLCJ~rtificate susp=en-d=e=d=-=or___re__v_o=k=e=d______________ ---- ----- --- -----------or-may-deeline-to-issue-a-eertifiGate-when-the-timefor-appeal

has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence

6 Business and Professions Code section 25593 provides

A certificate issued to a registered spectacle lens dispenser may in the discretion of the division be suspended or revoked for violating or attempting to violate any provision of this chapter or any regulation adopted under this chapter or for incompetence gross negligence or repeated similar negligent acts performed by the certificate holder A certificate may also be suspended or revoked if the individual certificate holder has been convicted of a felony as provided in Section 255511

Regulatory Authority

7 California Code ofRegulations title 16 section 1399270 provides in part

For the purpose of denial suspension or revocation of the registration of a dispensing optician a crime or act shall be considered substantially related to the qualifications functions and duties of a dispensing optician if to a substantial degree it evidences present or potential unfitness of a dispensing optician to perform the functions authorized by his registration in a manner consistent with the public health safety or welfare Such crimes or acts shall include but not be limited to those involving the following

(a) Any violation of the provisions ofArticle 6 Chapter 1 Division 2 of the code relating to dispensing opticians

(b) Anyviolation of the provisions of Chapter 54 Division 2 of the code

(c) Any violation of the provisions of Chapter 55 Division 2 of the code

8 California Code of Regulations title 16 section 1399272 provides

21

28


--i

i

When considering the suspension or revocation of a registration on the grounds that the registrant has been convicted of a crime the division in evaluating the rehabilitation of such person and

--+-----------~his or her present eligibility for a registration shall consider the ---- ---~----~ ~------~-following-criteria --- ------~---- - -- --

(a) Nature and severity of the act(s) or offense(s)

(b) Total criminal record

(c) Extent of time that has elapsed since commission of the act(s) or offense(s)

(d) Whether the registrant has complied with any or all tenns of parole probation restitution or any other sanctions lawfully imposed against the registrant

(e) If applicable evidence of expungement proceedings - pursuant to Section 12034 of the Penal Code

(f) Evidence if any ofrehabilitation submitted by the registrant

Substantial Relationship

----- ~~-~ -----~- _ ~ ___ _

9 A determination that a criminal conviction justifies license discipline requires a reasonedmiddot determination that the conduct at issue was in fact substantially related to the licensees fitness to engage in the profession Licensing authorities do not have unfettered discretion to determine whether a given conviction is substantially related to the relevant professional qualifications and must develop criteria to aid in making that determination (Robbins v Davi (2009) 175 CalApp4th 118 124)

10 California Code of Regulations title 16 section 1399270 states a crime or act is substantially related to the qualifications functions and duties of a dispensing optician if middot to a substantial degree it evidences the present or potential unfitness of the dispensing optician to performthe functions authorized by his registration in a manner consistent with the public health safety or welfare5 It is clear that persons who do business with respondent in the licensed setting must be treated in an honest and ethical manner indeed one purpose oflicensure is to protect the public from dishonest immoral and disreputable

15 The regulatory language Such crimes or acts shall include but not be limited to those involving the following does not require a finding of a violation enumerated in the regulation The term unprofessional conduct is not limited to enumerated conduct but also includes conduct which breaches the rules or ethical code of a profession or conduct unbecoming a member in good standing of a profession (Shea v Board ofMedical Examiners (1978) 81 CalApp3d 564 575)

22

29

Agenda Item 2 Attachment 2n I

7

practitioners Respondents felony conviction raises concerns about his character for honesty Respondent purposefully disregarded legal standards of conduct and engaged in an unlawful conspiracy which supports the imposition of discipline (In re Higbie (1972) 6

-+-----~CaL1-d 562 573)_____________________________ _

Respondents felony conviction is substantially related to the qualifications functions and duties of a registered dispensing optician and a registered spectacle lens dispenser

Mitigation

11 Although the respondents conduct requir~s discipline to protect both the profession and the public the following factors mitigate against respondents permanent removal from registration he had no disciplinary record prior to the instant case he enjoyed a good reputation among his clientele and members ofhis community even after the events ofhis participation in the unlicensed money transfer scheme came to light he has continued to practice following his conviction his actions did not cause any particular individual to suffer physical or financial harm and he cooperated when confronted with law enforcement following his arres~ indicating recognition ofhis wrongful conduct (In re Higbie sipra at pp 573-74)

Rehabilitation

12 Rehabilitation is astate of mind The law looks with favor upon rewarding with the opportunity to serve one who has achieved reformation and regeneration (Hightower v State Bar (1983) 34 Cal3d 150 157) Fully acknowledging the wrongfulness ofpast actions is an essential step towards rehabilitation (Seide v Committee ofBar Examiners (1989) 49 Cal3d 933 940) Mere remorse does not demonstrate rehabilitation A truer indication of rehabilitation is presented when an individual can demonstrate by sustained conduct over an extended period of time that he or she is fit to practice (In re

Menna (1995) 11 Cal4th 975 991)

Cause Exists to Impose Discipline

13 First Cause for Discipline Cause exists to impose discipline U11der Business and Professions Code sections 25551 and 25593 and California Code of Regulations title 16 section 1399270 A preponderance of the evidence established respondent was convicted on April~ 2014 on his plea of guilty ofviolating United States Code title 18 section 1960 (a) and (b)(l) (A)- (B) (knowingly conducting an unlicensed money transmitting business) a felony The conviction involved a crime substantially related to the qualifications functions and duties of a registered dispensing optician and a spectacle lens dispenser

14 Second Cause for Discipline Cause exists to impose discipline lmder Business and Professions Code section 25593 A preponderance of the evidence established respondent was convicted of a felony

23

30

Agenda Item 2 Attachment 2(middot J

Appropriate Measure ofDiscipline

15 Based on the facts and circumstances the Boards mission to protect the

----J-----~pu01ieaml-theuro-application-0pound-the-factors-anclrecommendations_s_eJ_forth in the discinlinary_______~

middot--------~guidelinmiddotes-ihs-concluded-that-a-three-year-peri0cl-0fprebati0n-should-be-imposed-following--~----~

a 3 Qday actual suspension and that terms and conditions ofprobation should include

requirements that respondent obey all laws submit quarterly reports cooperate with the

Boards probation monitoring program pay probation monitoring costs continue to function

as a registered dispensing optician and registered spectacle lens dispenser maintain valid



business involving money transferring



(a) in any order issued in resolution of a disciplinary

proceeding before any board within the department the

board may request the administrative law judge to direct a

licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs

of investigation and enforcement of the case

17 Cause exists under Business and Professions Code section 1253 to issue an

order directing respondent to pay the Boards reasonable costs of enforcement of $486250

ORDER

Registered Dispensing Optician Certificate No D7523 and Registered Spectacle Lens

Dispenser CertificateNo SL6167 issued to respondent Aeven Awraha are revoked for the

causes of discipline identified in the decision separately and for all of the causes however

the orders of revocation are stayed and respondent shall be placed on probation for three

years on the following terms and conditions ofprobation

1 OBEY ALL LAWS Respondent shall obey all federal state and local laws

governing the practice of a dispensing optician and a spectacle lens dispenser in California

Respondent shall notify the Board in writing within 72 hours of any incident resulting in his

arrest the filing of charges against him~ or in the issuance of a citation to him

2 SUSPENSION As part ofprobation respondent shall be suspended from the

practice as an optician and lens dispenser for a period of 30 days beginning the effective

date of this decision If not employed as by another as an optician or lens dispenser or if

currently on any other type of leave from employment the suspension shall be served once

24

31


employment has been established or reestablished and prior to the end of the probationary

period Respondent shall ensure that any employer infonns the Board in writing that it is

aware of the dates of suspension

-~-~ ---~---~-3--RESTRIE-rEB-AG-FI-VIFIES----Buring-probationrespondent-is-prnhibited-from

engaging in any kind ofmoney transmission activity that requires a license

4 QUARTERLY REPORTS Respondent shall file quarterly reports of compliance

under penalty ofperjury to the probation monitor assigned by the Board Quarterly report

forms will be provided by the Board (DG-QRl (052012)) Omission or falsification in any

manner of any information on these reports shall constitute a violation of probation and shall

result in the filing of an accusation andor a petition to revoke probation against respondents

licenses and certifications Respondent shall be responsible for contacting the Board to

obtain additional forms if needed Quarterly reports are due for each year ofprobation

throughout the entire length ofprobation as follows

bull For the period covering January 1st through March 31st

reports are to be completed and submitted between April 1st and

April 7th

bull For the period covering April 1st through June 30th reports

are to be completed and submitted between July 1st and July

7th

bullmiddotFor the period covering July 1st through September 30th

reports are to be completed and submitted between October 1st

and October 7th

bull For the period covering October 1st through December 31st

reports are to be completed and submitted between January 1st

and January 7th

Failure to submit complete and timely reports shall constitute a violation ofprobation

5 COOPERATE WITH PROBATION MONITORING PROGRAM Respondent

shall comply with the requirements of the Boards probation monitoring program and shall

upon reasonable request report or personally appear as directed Respondent shall claim all

certified mail issued by the Board respond to all notices ofreasonable requests timely and

submit Reports Identification Update reports or other reports similar in nature as requested

and directed by the Board or its representative Respondent is encouraged to contact the

Boards probation monitoring program representative at any time he has a question or

concern regarding his terms and conditions ofprobation

The failure to appear for any scheduled meeting or examination or cooperate with the

requirements of the program including timely submission of requested information shall

25

32

Agenda Item 2 Attachment 2()

constitute a violation ofprobation and may result in the filing of an accusation andor a

petition to revoke probation

_----+---------6___EROBATlON__M_QNITORING COSTS All costs incurred for Q_ro_b_a_ti_o_n_________

- -~-------~~mEmit0ring-during-the-entire-prnbati0n-shall-be-paid-by-respondent---Ihe-monthly-costmaL~--------~-----

-be adjusted as expenses are reduced or increased Respondents failure to comply with all 1terms and conditions may also cause this amount to be increased All payments for costs are

to be sent directly to the Board of Optometry and must be received by the date(s) specified

Periods of tolling will not toll the probation monitoring costs incurred

Ifrespondent is unable to submit costs for any-month he shall be required instead to

submit an explanation ofwhy he is unable to submit the costs and the date(s) he will be able

to submit the costs including payment amount(s) Supporting documentation and evidence

of why respondent is unable to make such payment(s) must accompany this submission

The failure to submit costs on time is a violation of probation and submission of

evidence demonstrating financial hardship does not preclude the Board from pursuing further

disciplinary action However providing evidence and supporting documentation of financial

hardship may delay further disciplinary action

In addition to any other disciplinary action taken by the Board an unrestricted license

will not be issued at the end of the probationary period and the optician registration and lens

dispenser registration will notbe renewed until such time as all probation monitoring costs h~eb~pci~ -

7 FUNCTION AS A REGISTERED DISPENSING OPTICIAN Respondent shall

function as Registered Dispensing Optician for a minimum of 60 hours per month for the

entire term ofhis probation period

8 NOTICE TO EMPLOYER Should respondent become employed by any other

person or entity he shall provide to the Board the names physical addresses~ mailing

addresses and telephone-munber of all employers and supervisors and shall give specific

written consent that he authorizes the Board and the employers and supervisors to

communicate regarding his work status performance and monitoring Monitoring includes

but is not limited to any violation of any probationary term and condition Respondent shall

be required to inform any employer he has during the probation period of the discipline

imposed by providing this decision to his supervisor and director and all subsequent

supervisors and directors with a copy of the decision and order and the accusation in this

matter prior to the beginning of or returning to employment or within 14 calendar days from

each change in a supervisor or director

Respondent shall ensure that the Board receives written confirmation from his

employer that his employer is aware of the disciplinary order imposed in this matter on fonns

to be provided to respondent (DG-Fonn 1 (052012)) Respondent must ensure that all

26

33

Agenda Item 2 Attachment 2-~

-() )

reports completed by the employer are submitted from the employer directly to the Board

Respondent is responsible for contacting the Board to obtain additional forms if needed

Respondent shall notify the-+----------- CHANGES OF EMPLOYMENT OR RESIDENCE ~--------

------~----Boardand-app0inted-prnbation-monitor-in-writing ofany_anda1Lchanges_opoundemplo-yenffient

location and address within 14 calendar days of such change This includes but is not

limited to applying for employment termination or resignation from employment change in

employment status and change in supe~isors administrators or directors

Respondent shall also notify hisher probation monitor AND the Board IN WRITING

of any changes of residence or mailing address within 14 calendar days P0 Boxes are

accepted for mailing purposes however respondent must also provide his physical residence

address as well

10 COST RECOVERY Respondent shall pay to the Board a sum not to exceed the

reasonable costs of enforcement of this case in _the amount of $486250 which shall be paid

in full directly to the Board in a Board-approved payment plan within six months before the

end of the probation term Cost recovery will not be tolled

If respondent is unable to submit costs timely he shall s11bmit an explanation ofwhy

he is unable to submit these costs in part or in entirety and the date(s) he will be able to

submit the costs including payment amount(s) Supporting documentation and evidence of

the reason respondent is unable to make such payment(s) must accompany this submission

That failure to submit costs timely is a violation ofprobation and the submission of evidence

demonstrating financial hardship does not preclude the Board from pursuing further

disciplinary action Providing evidence and supporting documentation of financial hardship

may delay further disciplinary action Consideration to financial hardship will not be given

should respondent violate this term and condition unless an unexpected AND unavoidable

hardship is established from the date of this order to the date payment(s) is due

11 VALID REGISTRATION STATUS Respondent shall maintain current active

and valid registrations for the length of the probation period Failure to paymiddotall fees and meet

any continuing education requirements prior to the expiration ofhis registrations shall

constitute a violation of probation

12 TOLLING FOR OUT-OF-STATE RESIDENCE OR PRACTICE -Periods of

residency or practice outside California whether the periods of residency or practice are

temporary or permanent shall toll the probation period but will not toll the cost recovery

requirement nor the probation monitoring costs incurred Travel outside of California for

more than 30 calendar days must be reported to the Board in writing prior to departure

Respondent shall notify the Board in writing within 14 calendar days upon hisher return to

California and prior to the commencement ofany employment where representation as an

optician is provided

27

34


Respondents registrations shall be automatically cancelleaffliis penods of

temporary or permanent residence or practice outside California total two years However

respondents registrations shall not be cancelled as long as respondent is residing and

--+---------1-iraQti_cingjn another state of the United States and is on active probation with the licensing~------

---- --------authority-ofthat-state-in-which case-thetwo-year-period-shall begin on the_date_prohationis~--- __ ------~-- _

- completed or terminated in that state

13 REGISTRATION SURRENDER During respondents term of probation ifhe

ceases practicing due to retirement health reasons or is otherwise unable to satisfy any

condition ofprobation he may surrender his registrations to the Board The Board reserves

the right to evaluate respondents request and exercise its discretion whether to grant the

request or to take any other action deemed appropriate and reasonable under the circumstances without further hearing Upon formal acceptance of the tendered registration

license and wall certificate respondent will no longer be subject to the conditions of

probation

All costs incurred (ie Cost Recovery and Probation Monitoring) are due upon

reinstatement

The surrender of respondents license shall be considered a disciplinary action and

shall become a part ofrespondent s license and registration history with the Board

14 SALE OR CLOSURE OF AN OFFICE ANDOR PRACTICE Ifrespondent

sells or closes his office or practice after the imposition of administrative discipline he shall

ensure the continuity ofpatient care and the transfer ofpatient records Respondent shall

also ensure that patients are refunded money for work or services have not be provided or

completed and he shall not misrepresent to anyone the reason for the sale or closure ofhis

office or practice The provisions of this condition in no way authorize respondents

engaging of any actives requiring registration during any period oflicense suspension

15 VIOLATION OF PROBATION Ifrespondent violates any term of probation in

any respect the Board after giving respondent notice and the opportunity to be heard may

revoke probation and carry out the disciplinary order that was stayed If an accusation or a

petition to revoke probation is filed against respondent during probation the Board shall

have continuing jurisdiction and the period ofprobation shall be extended until the matter is

final No petition for modification of discipline shall be considered while there is an

accusation or petition to revoke probation or other discipline pending against respondent

16 COMPLETION OF PROBATION Upon successful completion ofprobation

respondents registrations shall be fully restored

Dated May 25 2016 Jam~ Administrative Law Judge

middot Office of Administrative Hearings

28

35

5

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~middot i

1 KAMALA D HARRIS Attorney General of California

2 ANTOINETTE B CINCOTTA Supervising Deputy Attorney General

-f-----------3- -Nre0tE-R---FRAMA---------------------------bull---shy~-------~- --Beputy-Attorney-General-------~--~-~-~-~--~-~--~--------------~--------~----~~~

4

6

7

State Bar No 263607 600 West Broadway Suite 18San Diego CA 92101 PO Box 85266 San Diego CA 92186-5266 Telephone (619) 645-2143 Facsimile (619) 645-2061

00

- 8 Attorneysf9r Complainant

9


11 DEPARTMENT OF CONSUMER AFFAIRS - STATE OF CALIFORNIA

12

13 In the Matter of the Accusation Against

14 AEVEN A WRAHA RDO SLD 528 East Main Street El Cajon CA 92020

16 Registered Dispensing Optician Certificate No D7523

17 Registered Spectacle Lens Dispenser

18 Certificate No SL6167

19 Respondent-

21 Complainant alleges

Case No 800-2015-011781

FffiST AMENDED ACCUSATION

22 PARTIES

23 1 Jessica Sieferman ( complainant) brings this Accusii-tion solely in her official capacity

24 as Executive Officer of the Board of Optometry Department of Consumer Affairs1

1 Pursuant to Assembly Bill 684 as incorporated and codified in relevant part in Business and Professions Code sections 25501 30105 and 30231 effective January 1 2016 this matter

26 has been transferred to the jurisdiction of the Board of Optometry within which enforcement of this matter is now vested Jessica Sieferman (Complainant) continues this Accusation solely in

27 her official capacity as the Executive Officer of the State Board of Optometry Department of Consumer Affairs All references in this matter to the Medical Board of California or Board of

- 28 (continued)

36

1

FIRST AMENDED ACCUSATION No 800-2015-011781


r 2--on or aigt0ut-April 6~2010~theMedical Board of California (Board) issuea-Registerea

2 Dispensing Optician Certificate No D7523 to Aeven Awraha RDO SLD (respondent) under the

___________3_ _fictitious_husiness-11ame~DE_OJTICAL_RegistereclDispensing_Qptician_Certificate____ ____ ----------------1 ----- -----------------------------------------------------------

4 No D7523 was in full force and effect at all times relevant to the charges and allegations brought

5 herein and will expire on April 30 2016 unless renewed

6 3 On or about April 62010 the Board issued-Registered Spectacle Lens Dispenser

7 Certificate No SL6167 to respondent Registered Spectacle Lens Dispenser Certificate

8 No SL6167 was in full force and effect at all times relevant to the charges and allegations

9 brought herein and will expire on December 31 2017 unless renewed

1 O JURISDICTION

11 4 This Accusation is brought before the Board under the authority of the following

12 laws All section references are to the Business and Professions Code (Code) unless otherwise

13 indicated

14 5 Section 2550 of the Code states

15 Individuals corporations and firms engaged in the business of filling

16 prescriptions ofphysicians and surgeons licensed by the Division of Licensing of the

17 Medical Board of California or optometrists licensed by the State Board of Optometry

18 for prescription lenses and kindred products and as incidental to the filling of those

19 prescriptions doing any or all of the following acts either singly or in combination

20 with others taking facial measurements fitting and adjusting those lenses and fitting

21 and adjusting spectacle frames shall be known as dispensing opticians and shall not

22 engage in that business unless registered with the Division ofLicensing of the

Medical Board of California23


All references in this chapter to the board or the Board of Medical Examiners 25

or division shall mean the State Board of Optometry26

27 (continued) Medical Examiners shall be understood to mean the Board of Optometry

28

37

2


5

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-

O---Sect10n 2-555Tofffie Cocle states m pemnem pan

2

1

In the discretion of the Division of Licensing a certificate issued hereunder

-+--------]- ---maJ-be-suspended~or-revokedJpoundan-individuaLcertificate-holder-or-persons_having_an~---1---------- ---~~---~--~~------------ ---------~-------------- --~ ---------- ------~-

4 proprietary interest who willengage in dispensing operations have been convicted of

a crime substantially related to the qualifications functions and duties of a dispensing

6 middot optician The record of conviction or a certified copy thereof shall be conclusive

7 evidence of the conviction

- 8 A plea or verdict of guilty or a conviction following a plea of nolo contendere

9 made to a charge substantially related to the qualifications functions and duties of a

dispensing optician is deemed to be a conviction within the meaning of this article

11 The board may order the certificate suspended or revoked or may decline to issue a -

12 certificate when the time for appeal has elapsed or the judgment of convicticnhas

13 been affirmed on appeal or when an order granting probation is made suspending the

14 imposition of sentence irrespective of a subsequent order under the provisions of

Section 12034 of the Penal Code allowing such personto withdraw his or her plea of

16 guilty and to enter a plea of not guilty or setting aside the verdict of guilty or

17 middot dismissing the accusation information or indictment

18

- 19 middot 7 Section 25593 of the Code states

A certificate issued to a registered spectacle lens dispenser may in the

discretion of the division be suspended or revoked for violating or attempting to21

violate any provision of this chapter or any regulation adopted under this chapter or22

23 for incompetence gross negligence or repeated similar negligent acts performed by

24 the certificate holder A certificate may also be suspended or revoked if the

individual certificate holder has been convicted of a felony as provided in Section

26 25551

27 Ill

- 28 Ill

38

3

FIRST AlvfENDED ACCUSATION No 800-2015-011781

5

10

15

20

25


- -

-

Any proceedmgs under this section shall be conducted m accordance w1tn1

Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the2

--+---------------- ___Qovernment-Code-and-the-division-shalLhave-alLthe-powers-grantecLtherein____________ ~ -~~- --~---~- ---~--~-------- --------------------~-~~-----~-------------~- - -

8 _ Section 1399270 of title 16 of the California Code ofRegulations states 4

Fr the purpose of denial suspension or revocation of the registration of a

6 dispensing optician pursuant to Division 15 (commencing with Section 475) of the

code a crime or act shall be considered substantially related to the qualifications 7

- 8 functions and duties of a dispensing optician if to a substantial degree it evidences

9 present or potential unfitness of a dispensing optician to perform the functions

authorized by his registration in a manner consistent with the public health safety

11 or welfare Such crimes or acts shall include but not be limited to those involving

12 the following

13 (a) Any violation of the provisions of Article 6 Chapter 1 Division 2 of the code

14 relating to dispensing opticians

(b) Any violation of the provisions of Chapter 54 Division 2 of the code

(c) Any violation of the provisions of Chapter 55 Division 2 of the code 16

COST RECOVERY 17

18 9 Section 1253 of the Code states in pertinent part

19 (a) Except as otherwise provided by law in any order issued in resolution of a -

disciplinary proceeding before any board within the department or before the middot

21 Osteopathic Medical Board upon request of the entity bringing the proceeding the -

22 -administrative law judge may direct a licentiate found to have committed a violation

or violations of the licensing act to pay a sum not to exceed the reasonable costs of23

24 the investigation and enforcement of the case

26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1

(Conviction of a Crime Substantially Related to the Qualifications Functions or Duties of a Dispensing Optician)

2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------

4 10 Respondent has subjected his Registered Dispensing Optician Certificate No D7523

and Registered Spectacle Lens Dispenser Certificate No SL6167 to disciplinary action under

6 sections 25551 and 25593 of the Code and title 16 of the California Code of Regulations

7 section 1399270 in that he has been convicted of a crime substantially related to the

- 8 qualifications functions or duties of a dispensing optician as more particularly alleged

9 hereinafter

(a) Beginning on or about October 1 2010 respondent established owned and

11 began operating Prince Wireless and Optical a storefront for two varying businesses in El

Cajon California In the optical portion of the _business respondent operates a laboratory 12

13 where he cuts lenses sells optical frames and fulfills special orders In the wireless portion

14middot of the business respondent sells prepaid cellular telephone services

(b) Between in or around March 2012 through in or around July 2013 respondent

16 transmitted approximately $11500000 for undercover Immigration and Customs

17 Enforcement (ICE) Special Agents which he believed to be proceeds of criminal activity

18 from his storefront at Prince Wireless and Optical to persons in Iraq and Jordan

Respondent charged a fee of 4-6 percent of the value of the funds for his involvement in the 19-

transfers

21 (c) On or about August 20 2013 respondent was placed under arrest by ICE

22 Special Agents for violations of Title 18 United States Code Section 1960 middot

(d) On or about March 18 2014 a criminal infom1ation was filed against23

r respondent in the matter of The United States ofAmerica v Aeven Awtaha United States24

District Court Southern District of California Case No 14CR0659JAH Count One of the

information charged respondent with knowingly conducting controlling managing26

supervising directing and owning an unlicensed money transmitting business that affected27

- interstate and foreign commerce and operating without an appropriate money transmitting28

5

FIRST AMENDED ACCUSATION No 800-2015-011781 40

5

10

15

20

25


7

license in violation of Title 18 United States Code Section 1960 subdivisions (a) and 1

2 (b)(l)(A)-(B) a felony

-+-------3- 1~-----1e1-0n-0r-ab0ut-April-320-14in-Gase-N0-l4GR06S9JAHresp0ncient-pleci-guilty-_______ - -------~----------~middot ------ ------------~~-~----~---------------~~ --- -----------------~---~---~-

to Count One of the information ie knowingly conducting controlling managing -

supervising directing and owning an unlicensed money transmitting business that

6 affected interstate and foreign commerce and operating without an appropriate money

7 transmitting license in violation of Title 18 United States Code Section 1960

- 8 subdivisions (a) and (b)(l)(A)-(B) a felony On or about August 25 2014 the United

9 States District Court sentenced respondent to probation for five (5) years subject to

various terms and conditions

4

SECOND CAUSE FOR DISCIPLINE11 -

12 (Violation of a Provision or Provisions of Chapter 55 of Division 2 of the Business and Professions Code)

13

14 11 Respondent has further subjected his Registered Dispensing Optician Certificate middot

No D7523 and Registered Spectacle Lens Dispenser Certificate No SL6167 to disciplinary

16 action under section 25593 of the Code in that he has violated a provision or provisions of

17 Chapter 55 ofDivision 2 of the Code as more particularly alleged in paragraph 10 above which

18 is hereby incorporated by reference and realleged as if fully set forth herein

PRAYER- 19

WHEREFORE complainant requests that a hearing be held on the matters herein alleged middot

21 and that following the hearing the Board of Optometry issue a decision

22 1 Revoking or suspending Registered Dispensing Optician Certificate No D7523 and

23 Registered Spectacle Lens Dispenser Certificate No SL6167 issued to respondent A even

24 Awraha RDO SLD

2 Ordering respondent Aeven Awraha RDO SLD to pay the Board the reasonable

26 costs ofthe investigation and enforcement of this case pursuant to Business and Professions

27 Code section 1253

- 28 Ill

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1

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middot 12

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27

28

xecutive Officer Board of Optometry Department of Consumer Affairs State of California Complainant

42

7

FIRST AJvIBNDED ACCUSATION No 800-2015-011781


BUSINESS CONSUMER SERVICES AND HOUSING AGENCY GOVERNOR EDMUND G BROWN JR

CALIFORNIA STATE BOARD OF OPTOMETRY 2450 DEL PASO ROAD SUITE 105 SACRAMENTO CA 95834 P (916) 575~7170 F (916) 575-7292 wwwoptometrycagov

PETITION FOR REDUCTION OF PENALTY OR EARLY TERMINATION OF PROBATION

No petition for reduction of penalty or early termination of probation will be entertained until one year after the effective date of the Boards disciplinary action The decision of the petition will be made by the full Board and in accordance with the attached standards for reinstatement or reduction of penalty Early release from probation or a modification of the terms of probation will be provided only in exceptional circumstances such as when the Board determines that the penalty or probationary terms imposed have been excessive considering both the violation of law charged and the supporting evidence or when there is substantive evidence that there is no more need for the degree of probationary supervision as set forth in the original terms and conditions As a rule no reduction of penalty or early termination of probation will be granted unless the probationer has at all times been in compliance with the terms of probation

PLEASE TYPE OR PRINT LEGIBLY 1 NAME (FIRST) (MIDDLE) (LAST) I CERTIFICATE OF

REGISTRATION NO At1Y1 4(AJ(1 t-t 0-

2 ADDRESS (NUMBER) (STREET) DATE OF BIRTH

~+ ~6rxtA -IA --f I2- - 0 7- _ 1-(CITY) (STATE) (ZIP CODE) TELEPHONE

((el1) l(SC 3degI yendeg1GL ~rOYL- C)A- deg1-z_o 2-0 3 PHYSICAL DESCRIPTION (HEIGHT) (WEIGHT) (EYE COLOR) (HAIR COLOR)

5_ ( - l +o lb 1-s~N ~oJ) 4 EDUCATION NAME(S) OF SCHOOL(S) OR COLLEGE(S) OF OPTOMETRY ATTENDED

NAME OF SCHOOL

ADDRESS (NUMBER) (STREET)

(CITY) (STATE) (ZIP CODE)

5 ARE YOU CURRENTLY LICENSED IN ANY OTHER STATE IL)YES uo STATE LICENSE NO ISSUE DATE EXPIRATION DATE LICENSE STATUS

C4

6 List locations dates and types of practice for 5 years prior to discipline of your California license

LOCATION -DATE FROM DATE TO TYPE OF PRACTICE

ooLl0 1

39M-12

2


I

-i



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D YEsialto


















3

























Aeven Awraha

Prince Optical


Cell 619-456-3989

Office 619-401-8845

G2-shyf1~ 4


--


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5








Respondent



-~ _-shy~


6


- -

-----------

- I i( )

-~ f

-




----- - ~-------------- --------------------------------- ------------------------------- -----




- ORDER OF DECISION

DECISION I




By ~-------- -- -_



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

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6

13























[r] [0





a hawala







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14


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8

15


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_________________provided_______________________________ -----~---- - ----~---- ------







9

16

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10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

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14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

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--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


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21

28


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i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

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25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

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1

2

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middot 12

13

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22

23

24

26

27

28


42

7



I

-i



I ~


D YEsialto


















3

























Aeven Awraha

Prince Optical


Cell 619-456-3989

Office 619-401-8845

G2-shyf1~ 4


--


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5








Respondent



-~ _-shy~


6


- -

-----------

- I i( )

-~ f

-




----- - ~-------------- --------------------------------- ------------------------------- -----




- ORDER OF DECISION

DECISION I




By ~-------- -- -_



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

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8

15


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_________________provided_______________________________ -----~---- - ----~---- ------







9

16

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10

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pick up the money






11

18


~










12

19










13

20


7 I

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14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

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_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

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911 916-17










standard applies4











20

27


-i













21

28


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----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

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---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


























Aeven Awraha

Prince Optical


Cell 619-456-3989

Office 619-401-8845

G2-shyf1~ 4


--


~

rllA-~~



5








Respondent



-~ _-shy~


6


- -

-----------

- I i( )

-~ f

-




----- - ~-------------- --------------------------------- ------------------------------- -----




- ORDER OF DECISION

DECISION I




By ~-------- -- -_



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



--


~

rllA-~~



5








Respondent



-~ _-shy~


6


- -

-----------

- I i( )

-~ f

-




----- - ~-------------- --------------------------------- ------------------------------- -----




- ORDER OF DECISION

DECISION I




By ~-------- -- -_



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7









Respondent



-~ _-shy~


6


- -

-----------

- I i( )

-~ f

-




----- - ~-------------- --------------------------------- ------------------------------- -----




- ORDER OF DECISION

DECISION I




By ~-------- -- -_



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



- -

-----------

- I i( )

-~ f

-




----- - ~-------------- --------------------------------- ------------------------------- -----




- ORDER OF DECISION

DECISION I




By ~-------- -- -_



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



I

I







Respondent

PROPOSED DECISION





SUMMARY



1

8

I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


I

j I















FACTUAL FINDINGS














in April 20LO


in National City







2

9























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7
























Church in El Cajon

License History











3

10


--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



--- ----------------------- ---

()




--~ -- ---- ----- -- -----

















was submitted
















4

11







5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7








5

12









































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7










































6

13























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7
























[r] [0





a hawala







7

14


7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



7

i i

~

) ()I









8

15


7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



7 ()

I

--I


_________________provided_______________________________ -----~---- - ----~---- ------







9

16

I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


I

j


~








10

17


____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



____________ ----------





























pick up the money






11

18


~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



~










12

19










13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7











13

20


7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



7 I

i

-j






















14

21


_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



_____ _



















15

22



--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7




--+-----------------1~l-----[f1------------------~--~ ----~---~---~~------~---------~~~







presentence report
























16

23

1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


1

I I i


___

-I

I i I

_

-



community






















were established




his conviction




17

24

I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


I I I








Evaluation
















be ignored




18

25


7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



7 I



























amount of $486250

LEGAL CONCLUSIONS






19

26


-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



-1

nI

I iI

~I




--+-----Gal-App3d-853-856J---------------------------













911 916-17










standard applies4











20

27


-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



-i













21

28


--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



--i

i










----- ~~-~ -----~- _ ~ ___ _




22

29


7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



7


-+-----~CaL1-d 562 573)_____________________________ _


Mitigation


Rehabilitation


Menna (1995) 11 Cal4th 975 991)




23

30























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7
























ORDER














24

31

















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


















April 7th



7th



and October 7th



and January 7th












25

32





































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7






































26

33


-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7



-() )











address as well



























27

34














probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7















probation


reinstatement





















28

35

5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


5

10

15

20

25


~middot i




4

6

7


00


9



12






19 Respondent-


Case No 800-2015-011781


22 PARTIES






- 28 (continued)

36

1












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7












1 O JURISDICTION



13 indicated















28

37

2


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


5

10

15

20

25


-


2

1

















18








26 25551

27 Ill

- 28 Ill

38

3


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


5

10

15

20

25


- -

-












12 the following





COST RECOVERY 17








26 Ill

27 Ill

28 Ill

39

4


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


5

10

15

20

25


---

-

1


2

--t--------3-1-------------------------------------l----

-~ --------~-- ---------~-~~- ~-~~--------~------ -------------------------- ------- -~-------






9 hereinafter











transfers









5


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


5

10

15

20

25


7











4



13






PRAYER- 19





24 Awraha RDO SLD




- 28 Ill

6


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


5

10

15

20

25


1

2

4

6

7

8

9

11

middot 12

13

14

16

17

18

19

21

22

23

24

26

27

28


42

7


Documents

Memo - State of California · 03/11/2017 · Memo 2450 Del Paso Road, Suite 105 ... was issued Registered Dispensing Optician Certificate No. D7523 and ... DATE OF BIRTH \\~+ ~6rx..tA